2019 Iowa Code
Title IV - PUBLIC HEALTH
Chapter 123 - ALCOHOLIC BEVERAGE CONTROL
Section 123.43 - Class “A” native distilled spirits license — application and issuance — fees.
123.43 Class “A” native distilled spirits license — application and issuance — fees.
1. A person applying for a class “A” native distilled spirits license shall submit an application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:
a. The name and place of residence of the applicant.
b. The names and addresses of all persons or, in the case of a corporation, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.
c. The location of the premises where the applicant intends to operate.
d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.
e. When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the license, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.
f. Whether any person specified in paragraph “b” has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.
g. Any other information as required by the administrator.
2. Except as otherwise provided in this chapter, the administrator shall issue a class “A” native distilled spirits license to any applicant who establishes all of the following:
a. That the applicant has submitted a completed application as required by subsection 1.
b. That the applicant is a person of good moral character as provided in section 123.3, subsection 35.
c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.
d. That the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor.
e. That the premises where the applicant intends to use the license conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.
f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.
3. A class “A” native distilled spirits license for a native distillery shall be issued and renewed annually upon payment of a fee of five hundred dollars.
4. A violation of the requirements of this chapter shall subject the licensee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.
2017 Acts, ch 119, §44; 2018 Acts, ch 1060, §26
Referred to in §123.43A
Subsection 2, paragraph d amended
